OMAHA- The Nebraska Supreme Court agreed to take up a case filed by groups to get a casino gambling measure on the ballot in November. Lynne McNally from Keep the Money in Nebraska and the Nebraska Horsemen's Benevolent and Protective Association filed for a legal review of the secretary of state's decision to keep the measure off the ballot. There are other groups that are suing the Secretary of State Bob Evnen's decision, including Ho-Chunk Inc.

Oral arguments for this issue will begin September 2nd. Evnen said the petitions to add gambling to horse racetracks did not stick to a single topic and the language was unclear. Advocates for gambling on the horse racetracks say the timing of the decision only left them 17 days to seek review and make the ballot on time. The filing said the decision was incorrect because the initiatives all meet the requirements of the Nebraska Constitution.

If the initiatives are approved, they would amend the state constitution to allow gambling at the tracks, how Nebraska would regulate this practice and how the state would tax the industry.

One of the initiatives would allow for the gambling related tax revenues toward property tax reliefs. Evnen said that is considered granting favors for votes, which is logrolling. Antigambling advocates believe the additional revenue is not worth the social problems and increase in bankruptcies.

Lawyers for the gambling advocates have fought to have the case heard directly by the Nebraska Supreme Court instead of the Lancaster County District Court.

One of the filings highlighted that the Supreme Court should see that the ballot measures do not address the expansion of gambling on Native American lands.

Dave Lopez, a lawyer, says Nebraskans have kept this kind of gambling out of the state for over a century and everyone deserves to know what this kind of gambling could do for the state.

Nebraska Attorney general Doug Peterson will be defending Evnen's decision in court.

Ho-Chunk Inc.'s CEO said the state's decision is politically driven and is not actually rooted in law. He also believes the state needs to respect the 475,000 Nebraskans who signed the petitions to get the issue on the ballot.

The last time a gambling related issue appeared on a ballot was in 2006. Nebraskans rejected the proposal to allow video keno devices.

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